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ISCR Case 24-01127 — CASE

Case record

ISCR Case 24-01127

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date3/12/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Richard A. Cefola
Government Counsel: Andrew H. Henderson
Applicant's Counsel: Ryan C. Nerney
Case Summary
The applicant in this case was a 35-year-old defense contractor with a bachelor's degree in aerospace engineering. He faced security concerns under Guideline H (Drug Involvement and Substance Misuse) due to allegations of marijuana use on three occasions between January 2009 and October 2023, including two instances after he had been granted a security clearance. The Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency highlighted these concerns, particularly noting the illegal nature of his drug use.
During the proceedings, the applicant admitted to the allegations in the SOR but provided explanations and evidence in mitigation. He acknowledged his past marijuana use, which occurred infrequently and under specific circumstances, and submitted a signed statement of intent to abstain from future drug involvement. Additionally, he presented evidence of a negative drug test and completion of online drug education courses, along with letters of support from colleagues attesting to his character and reliability.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns related to his past drug involvement. The judge noted the infrequency of the applicant's drug use, his proactive steps towards rehabilitation, and the positive support from his workplace, ultimately determining that granting him security clearance was consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 24-01127

grantedMar 12, 2025· Hon. Richard A. Cefola· hearing

Summary

This case concerns a 35-year-old aerospace engineer with an existing security clearance, whose eligibility was reviewed under Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used marijuana three times over a fourteen-year period, from January 2009 to October 2023. Specifically, the last two instances of use, in January 2019 and October 2023, occurred after the applicant had already been granted a security clearance. The final use was sixteen months prior to the hearing.

Disqualifying conditions under Guideline H were raised, but the administrative judge applied mitigating conditions. The applicant acknowledged his past drug use and demonstrated significant efforts toward mitigation. These efforts included completing drug education courses and providing a signed statement of intent to abstain from future drug use.

Furthermore, the applicant received strong support from colleagues, which contributed to the assessment of his reliability and trustworthiness. Based on the applicant's acknowledgment, mitigation efforts, and colleague support, the administrative judge determined that eligibility for a security clearance should be GRANTED.

Why the Applicant Prevailed

The applicant acknowledged his past drug use and took steps to mitigate it, including completing drug education courses.
He provided a signed statement of intent to abstain from future drug use.
The applicant received strong support from colleagues, indicating his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome It

Key Rule Quoted

“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”

Procedural Posture

SOR issuedSep 9, 2024
Answer filedDec 10, 2024
Hearing heldFeb 6, 2025
Decision dateMar 12, 2025

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of a Signed Intent to Abstain From Drug Use
Support From Colleagues as a Factor in Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant used marijuana three times over a fourteen-year period, with the last two uses occurring after he was granted a security clearance. The judge concluded that the applicant's actions were mitigated by his intent to abstain from future drug use and his completion of drug education courses, resulting in a decision to grant the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana three times during a fourteen-year period from January 2009 until his last usage in October 2023, sixteen months prior to his hearing.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended (b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause Documented Substance Treatment Completed
1.b	His last two usages, in January 2019 and in October 2023, were after Applicant was granted a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended (b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause Documented Substance Treatment Completed

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.